The Prudential Insurance Company of America v. Boyd et al
Filing
18
PARTIAL FINAL JUDGMENT UNDER RULE 54(B)-re: 17 Report and Recommendation. The court hereby ADOPTS the report and ACCEPTS IN PART the recommendations of the magistrate judge. It is ORDERED that the motion of Prudential is GRANTED, except to the extent that it requests injunctive relief against the Dfts. Any and all claims against Prudential relative to the Group Policy and/or the Death Benefit are DISMISSED WITH PREJUDICE, and Prudential is DISMISSED from this litigation. The parties are hereby REALIGNED with Frederick L. Boyd as pltf and, F.B., a minor, by and through his guardian in fact, Charity Teague, as dft. This Court RETAINS jurisdiction over the Dfts, who are compelledto litigate, adjust and/or settle among each other their respective and lawfulentitlement to the Death Benefit, or upon their failure to do so, this Court shall settle and adjust the claims and determine to whom the total funds shall be paid. Signed by Judge Virginia Emerson Hopkins on 1/5/2015. (AVC)
FILED
2015 Jan-05 PM 03:05
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
THE PRUDENTIAL INSURANCE )
COMPANY OF AMERICA,
)
)
Plaintiff
)
)
vs.
)
)
FREDERICK L. BOYD and F.B., )
a minor, by and through his
)
guardian in fact, CHARITY
)
TEAGUE,
)
)
Defendants
)
Case No. 1:14-cv-01110-HGD
PARTIAL FINAL JUDGMENT UNDER RULE 54(B)
On December 4, 2014, the magistrate judge’s report and recommendation was
entered and the parties were allowed therein fourteen (14) days in which to file
objections to the recommendations made by the magistrate judge. No objections to
the magistrate judge’s report and recommendation have been filed by plaintiff or
defendants.
After careful consideration of the record in this case and the magistrate judge’s
report and recommendation, the court hereby ADOPTS the report of the magistrate
judge. The court further ACCEPTS IN PART the recommendations of the magistrate
judge. It is, therefore, ORDERED, ADJUDGED and DECREED that:
(1) the motion of The Prudential Insurance Company of America is due to be
and hereby is GRANTED, except to the extent that it requests injunctive relief1
against the Defendants;
(2) The Prudential Insurance Company of America and its present and former
parents, subsidiaries and affiliated corporations, predecessors, successors and assigns
and their respective officers, directors, agents, employees, representatives, attorneys,
fiduciaries and administrators, are DISCHARGED from any and all liability to
Frederick L. Boyd (“Frederick”), William H. Broome (“William”), in his capacity as
guardian ad litem for Frederick, F.B., a minor, and Charity Teague (“Charity”), in her
capacity as guardian ad litem of F.B., (together Frederick, William, F.B., and Charity
shall be referred to as “Defendants”) relating to the Group Policy and/or the Death
Benefit;2
(3) all claims, rights, interests and actions that Defendants might otherwise have
held against The Prudential Insurance Company of America with respect to the Group
Policy and/or the Death Benefit are RELEASED;
(4) any and all claims against The Prudential Insurance Company of America
relative to the Group Policy and/or the Death Benefit are DISMISSED WITH
1
See (Doc. 16-1 at 2).
2
The Court rejects the recommendation of the magistrate to enter an injunction against the
Defendants. (Doc. 17 at 4).
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PREJUDICE, and The Prudential Insurance Company of America is DISMISSED
from this litigation;
(5) the parties are hereby REALIGNED with Frederick L. Boyd as plaintiff and
F.B., a minor, by and through his guardian in fact, Charity Teague, as defendant; and
(6) this Court RETAINS jurisdiction over the Defendants, who are compelled
to litigate, adjust and/or settle among each other their respective and lawful
entitlement to the Death Benefit, or upon their failure to do so, this Court shall settle
and adjust the claims and determine to whom the total funds shall be paid.
The Court expressly determines that there is no just reason for delay in the entry
of this judgment as a partial final judgment in that it is the ultimate disposition of the
individual claims against a party in this multiple claims and parties action. The Court
expressly directs that final judgment be entered in favor of The Prudential Insurance
Company of America under Rule 54(b).
DONE and ORDERED this the 5th day of January, 2015.
VIRGINIA EMERSON HOPKINS
United States District Judge
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